Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1887-07-28
The Color Line on Trains.

Nc luLerStdle SOulmeTce cOntniS-
sion gave ashearing last Saturday to 8
case in which the question of race dis
elimination in the South is involved
The case is that of VIM. II. Council
against the Western & Atlantic railroad.
Councill is the colored man who having
purchased first-class ticket, charges
that he was refused permission to ride
in tirst-class car and was forced to 90
into the smoking car. The railroad
company was represented by Julius /.
Brown, of Atlanta, and the complain
ant by John d. Brandon and Oscar r.
Hundley, of Huntsville. Mr.. Brown
interposed some objections to the adj
mission of certain dispositions, and dur
ing brief discussion which ensued Mr..
Brown stated his purpose to enter a
motion to throw out the complaint
upon the ground of lack of jurisdiction,
this being, he asserted, merely claim
for damages. The chairman, in reply,
said the commission would not sit here
to try any mere questions of damages,
but that this was much more. Here
we're charges of unjust discrimination
against a class of citizens. Ii there
were such case 1t ought to arise upon
facts which are open, public and no.
torious and there ought to be no diff
ficulty in regard to them. The objec-
ton being overruled the charges and
response were read. The gist of the
railroads reply is that the complain
ant went into ladies' car in defiance
of the rules of the company and refused
to go into the other car and that it was
the passengers and not the train men
who assaulted him.
The answer admits the duty of the
company to furnish equal aecommoda-
tons for all first-class passengers, but it
claims the right to classify passengers,
either by the color line OF otherwise.
After the reading of a number of depo-
titions, Mr.. Councill was sworn. He is
an intelligent looking celored man, well
dressed and of good address. He is a
minister of the gospel and principal of
the State Normal school at Huntsville.
In reply to injuries by counsel, he told
the story of his election from the car
in which he had taken bis seat. He
entered the car without objection on
the part of any one. He was told by
some one whom he did not recognize as
a train man that he must 60 forward,
to which he paid no attention. He was
finally approached by two men, one of
whom carried lantern and the other
had his hand upon his hip pocket. The
man with the lantern seized witness,
hit him over the head several times
with the lantern, cutting his head badly
and breaking the glass. Witness APP
pealed to the passengers, but without
avail. His assailants then seized and
carried him into the forward car. This
car was filthy and full Of smoke. As
he was being pushed from one car to
the other the brakeman told him this
was what he got for not moving when
requested.
Dispositions from passengers and
train men corroborating Councill' story
were read, the conductor testifying that
he was carrying out the rules of the
company prohibiting negroes from rid
ing in the ladies car. Mr.. Brown SUBJ
mitted a motion to dismiss the case.
Both sides submitted printed briefs and
the hearing ended. Defendants briefs
are two in number; the first maintain
ing the right of railroad TO classify its
passengers on the color line; the second
discussing the question of jurisdiction.
The compliments brief, admitting the
right of classification, maintains that it
is the duty of the railroad to furnish
equal facilities and conveniences for the
two races. The commission will take
a recess during August probably, re-
Stunning its duties Sept. /, at Rutland,
Vt, where public hearing has been
called.